Clover Terms of Serivce

INTENDED AUDIENCE USE: Clover Wireless, LLC (“Clover Wireless”) provides and manages this Trade-in Process and Tool ("Tool") to and for you, a Quill Enterprise Customer and program Participant ("Participant", "you" or "your") on behalf of Quill America, Inc. ("Quill"), subject to these Terms of Use. The purpose of this Quill Trade-in Program (“Program”) is to offer and provide a trade-in option for eligible used devices. Clover Wireless may update the Terms of Use from time to time without notice to you. This Tool (collectively "the Site") and all the information, communications, software, scripting, photos, text, video, graphics, music, sounds, images and other materials and services found on the Site (collectively "Content"), is intended for the lawful use of your participation. The Site is controlled and operated in whole or in part by Clover Wireless from its offices within the United States. You acknowledge that Clover Wireless reserves the right in its sole discretion to refuse or terminate access to the Tool by you at any time. Clover Wireless is Quill’s authorized agent and is solely responsible for determining used device trade-in eligibility and for all rebate fulfillments. Please e-mail, Clover Wireless for any questions related to the Program. Quill and the Quill logo are trademarks of Quill Corporation.

1.1 Eligibility: To be eligible, you must be registered and in good standing with Quill. These Terms of Use are solely between Clover Wireless and you based upon your existing, and continued good standing with Quill and your compliance with these Terms of Use. You acknowledge and agree that Quill and Clover Wireless and affiliates shall have no legal, equitable or other liability of any kind to you as it relates to your voluntary participation in this Program.

1.2 Registration: Our services are available only to registered corporate users of Quill and those who can form legally binding contracts under applicable law. Our services are not available to minors without the permission of a parent or guardian. If you do not qualify, please do not attempt to use our services.

2. ACCEPTANCE OF TERMS: You acknowledge you have read, and agree to be bound by these Terms of Use and to comply with all applicable laws and regulations, including without limitation U.S. export and re-export control laws and regulations regarding the transmission of technical data exported from the United States. By your continued use of this Tool, you agree to each of the terms and conditions set forth and/or linked below. You further agree to comply with all local laws, regulations and rules regarding online conduct and acceptable Content. You represent you have the legal authority to accept these Terms of Use on behalf of yourself or any party you represent. If you do not agree to these terms, you will be prohibited from using the Tool.

3. SCOPE AND EFFECTIVE DATE OF TERMS OF USE: These Terms of Use apply to your use of the Tool, the Site and your participation in the Program offered and maintained by Clover Wireless.

4. ENTIRE AGREEMENT, SEVERABILITY, APPLICABLE LAW AND LIMITATION OF ACTIONS: The Terms of Use constitute the entire agreement between you and Clover Wireless and govern your use of the Tool, superseding any prior agreements (if any) between you and Clover Wireless relating to your use of this Tool. If any provision of these Terms of Use is held to be invalid by any law, rule, order or regulation of any government or by the final determination of any state or federal court, such invalidity shall not affect the enforceability of any other provision of the Terms of Use. The failure of Clover Wireless to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. By accessing the Tool you agree that the statutes and laws of the United States and the State of Illinois, without regard to conflicts of laws principles, will apply to all matters relating to the use of the Tool, and you agree that any litigation shall be subject to the exclusive jurisdiction of the state or federal courts in Illinois. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Tool, or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. The Section titles in the Terms of Use are for convenience only and have no legal or contractual effect.

5. LIMITATION OF LIABILITY: The Program is offered and supported solely by Clover Wireless. Any and all transactions processed on this Site are exclusively the responsibility of Clover Wireless and the Participant. Neither Clover Wireless nor Quill will be liable for any damages of any kind arising out of or relating to the use or the inability to use this Tool, its content or links, including but not limited to damages caused by or related to errors, omissions, interruptions, defects, delay in operation or transmission, computer virus, line failure, lost profits and all other direct, indirect, special, incidental, exemplary or consequential damages even if Clover Wireless and Quill have been advised of the possibility of such damages. Notwithstanding the foregoing, your exclusive remedy and the total liability of Clover Wireless or Quill to you for all losses, damages, and causes of action, including but not limited to those based on contract, tort, or otherwise, arising out of your use of this Tool, its content or links, shall not exceed the amount you paid to access this Tool.

6. INDEMNIFICATION: You agree to indemnify and hold harmless Clover Wireless, Quill and each entity’s subsidiaries, affiliates, officers, agents, employees, partners and licensors from any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of the information you submit, transmit or otherwise make available, your use of the website or the content, your connection to the website, your violation of the Terms of Use, the Privacy Policy or any rights of another party.

7. WARRANTY: THE WEBSITE, THE CONTENT AND ANY SERVICES AVAILABLE THROUGH THE WEBSITE ARE PROVIDED TO YOU ON AN "AS IS" "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, SYSTEMS INTEGRATION, ACCURACY, AND NON-INFRINGEMENT. CLOVER WIRELESS AND Quill MAKE NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE WEBSITE, THE CONTENT OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN IS FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS.

8. RESTRICTIONS ON USE OF CONTENT: Copyright 2014 Clover Wireless All Rights Reserved. The unauthorized copying, displaying or other use of any Content from this site is a violation of the law. You acknowledge having been advised by Clover Wireless that the Content is protected in the U.S. and internationally by a variety of laws, including but not limited to, copyright laws and treaty provisions, trademark laws, patent laws and other proprietary rights laws (collectively, "Rights"). In addition to Clover Wireless's Rights in individual elements of the Content, Clover Wireless, or its licensors, own a copyright in the selection, coordination and arrangement of the Content. You are hereby granted permission to access the Content from the Site in whole or in part, solely for the purposes of using the Tool and related services found on the Site. This permission terminates automatically if you breach any of the web site Terms of Use. Neither title nor intellectual property rights are transferred to you, but remain with Clover Wireless, who owns full and complete title. You may not resell, decompile, reverse engineer, disassemble, or otherwise convert any software that may be included as part of the Content to a perceivable form. Clover Wireless does not grant you any permission to use the Content other than the permission expressly stated in these Terms of Use. All other use of Content from the Site, including, but not limited to uploading, downloading, modification, publication, transmission, participation in the transfer or sale of, copying, reproduction, republishing, creation of derivative works from, distribution, performance, display, incorporation into another web site, reproducing the Site (whether by linking, framing or any other method), or in any other way exploiting any of the Content, in whole or in part, or downloading and using software repeatedly for uses other than those expressly permitted may not be made without Clover Wireless's prior express written consent.

9. ELIGIBILITY TO PARTICIPATE IN PROGRAM:

9.1 Prohibited Conduct: If you choose to participate in this Program, or a promotion or other Clover Wireless sponsored activity ("Web Site Activity"), you agree to comply with any rules or regulations governing such Web Site Activity. Additionally, as a condition of your continued participation in the Web Site Activity, you agree not to: 1) upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; 2) harm minors in any way; 3) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; 4) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Web Site Activity; 5) upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); 6) upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; 7) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; 8) upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; 9) interfere with or disrupt the service or servers or networks connected to the service, or disobey any requirements, procedures, policies or regulations of networks connected to the service; 10) "stalk" or otherwise harass another person or entity; or 11) collect or store personal data about other users. You agree that violation of any of the foregoing, which shall be determined in Clover Wireless's sole discretion, will result in your immediate disqualification from participant in the Web Site Activity, and may result in additional legal actions being taken by Clover Wireless and/or Quill.

9.2 Program Requirements: By shipping your used device, you agree to the Quill Customer Acceptance Agreement and the Trade-Up Program Terms and conditions.

9.3 Trade-Up: Limited time offer; subject to change. Qualifying business plan required. Trade-in qualifying device for credit. Credit applied to existing Equipment Installment Plan(s) (EIP) balance(s) or to customer bill in the order determined by Quill and customer eligibility; may take several billing cycles to receive credit. Device recovery transactions are final; after you trade in your device, you cannot get it back. Clover may make adjustments to the
Initial Quote based upon evaluation of quality and condition of the device on receipt. You can trade-in one device per active line at the time you upgrade or activate a new line of service. See Device Recovery Program Terms and Conditions for details. Password/Locking Features: You must reset your Device to factory settings and remove any passwords or locking features before sending it in; refer to your phone instructions manual or contact your device's Customer Support to disable those
features. If you fail to do so, the device will not be eligible for trade-in. Limited time offer; subject to change. Eligible device trade-in, qualifying credit, and new device purchase with qualifying postpaid service required. Verification reflecting trade-in value from AT&T, Verizon or Sprint must be presented within 7 days after trade-in; value match (plus, for limited time, additional $50) provided as bill credit. Special/promotional trade-in offers excluded. Additional validation
may be required. Customer must be active and in good standing at time credit is processed; applied within 2-3 bill cycles. One trade-in per active line on Customer's Account. Trade-in transactions are final; after you trade in your device, you cannot get it back. To be eligible for a trade-in, your used device must be on the list included on the web site, you must be the owner of the device, the device must power up to the home screen, be fully functional, with no liquid damage, with no
screen or touch panel damage, cracks or bleeding and with no mechanical damage or missing parts. iPhones must have the Find My iPhone feature turned off and the device must be disconnected from the iCloud account. To determine if your used device is eligible, you can view the eligibility list for the used device. If you cannot find the make and model on the web site list, your device is not eligible for trade-in. Clover Wireless will determine the trade-in credit eligibility at its sole
discretion. Ineligible devices will have no redemption value and will not be returned. The Program is only valid within the United States. You must be a minimum of 18 years of age to participate. The Program is not valid on stolen property. There is a maximum of one (1) purchase or trade-in utilizing the Program per registrant. Your used device must be received at the Trade-in Center no more than 30 days after you receive your new Quill One (M8) phone for trade-in to apply. Clover
Wireless has the right to reject any trade-ins for promotional trade-in submissions where 1) the used device is submitted by anyone other than the user of the used device and 2) when the used device was not active at the time of the new device purchase and 3) You did not accept the Terms of Service or 4) we believe there to be fraudulent intentions.

10. HOW IT WORKS: Your eligibility must be confirmed prior to your order being approved and processed. Clover and Quill reserve the right to cancel or deny any orders that do not meet the eligibility requirements.

Trade in Option: You will purchase a new Quill One device using this site. Your eligibility must be confirmed prior to your order being approved and processed. Clover and Quill reserve the right to cancel or deny any orders that do not meet the eligibility requirements. The Terms of Service requires acknowledgment from you that in order to participate in a trade-in (1) you are the owner of the device and have all right and title required to sell it; (2) you understand you are selling the eligible used device in consideration for the Trade-in Value; (3) by accepting such Trade-in Value, you are giving up full ownership rights to the eligible used device; (4) you understand the trade-in transaction is final; (5) you are responsible for removal of all personal information before relinquishment of the eligible used device; (6) where applicable, You are responsible for deactivating the service of the used device and ensuring you pay any outstanding balance and (8) you must send your device in within 30 days after receiving your Trade-Up Quote. Ineligible devices will have no redemption value and will not be returned. After your used device is verified for eligibility, you will be paid via Quill Cash.

11. DEACTIVATION OF SERVICE: Where applicable, You must deactivate your eligible used device from service prior to shipping it in to the Trade-in Center. Clover Wireless, its vendors or Quill, are not responsible for previous or subsequent service or airtime charges accrued to your used device prior to or following participation in the Program. Should any service airtime charges occur, it is your responsibility to resolve any payments issues.

12. VALID ESN OR IMEI NUMBERS: All used devices must have a legible and valid Electronic Serial Number (ESN), International Mobile Equipment Identity (IMEI) number, or Mobile Equipment Identifier (MEID).

13. CONDITION OF TRADE-UP PRODUCT: To receive your full redemption value, you must accurately state the condition of the used device. An inspection will be performed by Clover Wireless upon receipt of your used device. As stated above, to be eligible for a trade-in, your used device must be on the list included on the web site, you must be the owner of the device, the device must power up to the home screen, be fully functional, with no liquid damage, with no screen or touch panel damage cracks or bleeding, no mechanical damage and have no missing parts. iPhones must have the Find My iPhone feature turned off and the device must be disconnected from the iCloud account. Cellular devices must have a good ESN. Ineligible devices will have no redemption value. In order to receive your Quill Cash, Clover Wireless must first receive, insect and accept your eligible used device.

14. RIGHT, TITLE AND INTEREST IN THE USED PHONE: You must verify that you own the right, title, and interest in the used device traded-in through the program.

15. TRADE-IN QUOTE REVISION AND RETURN OF USED PHONE: Once you trade-in the used device, Clover Wireless or its vendors will not be able to return the used device or any of its contents including accessories or data contained in the used device. All transactions are final and non-returnable. There will be no substitutes or replacements provided.

16. PAYMENT: You must ship in the used device in order to participate in the trade in program, and meet the eligibility and date requirements stated herein. Trade-in credits are provided via Quill Cash and have no cash value. The credit will be issued 15-30 days after receipt, inspection and acceptance of your used device at the Trade-in Center.

17. PREPARING THE USED PHONE FOR TRADE-UP: To receive the Trade-in Value, you must accept the Terms of Service and ship the eligible used device to Clover Wireless. Clover Wireless or its vendors are not responsible for items that are lost or stolen in transit.

18. REMOVAL OF PERSONAL DATA FROM THE USED PHONE: You must remove all personal or confidential information from your used device yourself before shipping it in. After receipt, Clover Wireless will put your used device through a data sanitization process to further remove files or data from your used device. For information on how to remove personal data, please see the FAQ: "How do I remove data from my old Wireless Phone?" available online. To the maximum extent permitted by law, Clover Wireless and Quill are not liable for any loss or injury in connection information or data stored on your device or to which your device may gain access, including unauthorized disclosure or misuse of such information.

19. ACCURACY AND REVISIONS: Clover Wireless may modify, suspend, withdraw or discontinue, temporarily or permanently, the Content, in whole or in part, at any time without notice. You agree that Clover Wireless and Quill shall not be liable to you or to any third party for any modification, suspension, withdrawal or discontinuance of the Content. Clover Wireless may at any time revise these web site Terms of Use by updating this posting. By using the Site, you agree to be bound by any such revisions and you agree to periodically visit this page to determine the then current web site Terms of Use to which you are bound.

20. TERMINATION: You agree that Clover Wireless or Quill, in its sole discretion, may terminate or restrict your use or access to this Program (or any part thereof) for any reason, including, without limitation, that Clover Wireless or Quill believes you have violated or acted inconsistently with the letter or spirit of these Terms of Use, or the terms, conditions, or rules of a sweepstakes, contest, or other promotion contained within the Site.

21. PRIVACY AND INFORMATION SHARING: In order to fulfill your Trade-in request, you will share your contact and payment information with Clover Wireless and you explicitly permit Clover Wireless to share your contact information with Quill. With your consent, Clover Wireless will treat any Consumer information pursuant to Quill's privacy policies.

22. FOR ADDITIONAL INFORMATION: If you have any questions that the Trade-in Tools FAQ page cannot answer, please email us at contact us: quillsupport@cloverwireless.com